8/13/2019 Giriguja Films Inter National ... vs R-4 Gemini
Laboratory No.2, ... on 6 February, 2014
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Madras High Court
Madras High Court
Giriguja Films Inter National ... vs R-4 Gemini Laboratory No.2,
... on 6 February, 2014
DATED: 06.02.2014
CORAM
THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN
ORIGINAL APPLICATION No.36 of 2014
and
APPLICATION No.6328 of 2013
in
C.S.No.214 of 2013
GIRIGUJA FILMS INTER NATIONAL PRIVATE LIMITED
... Petitioner
.. Vs ..
R-1 R.R.R.MOVIES REP.BY ITS PROPRIETOR MR.SARATHKUMAR EXOTICA VI
FOOR, NO.24,
VENKATANARAYANA ROAD, T.NAGAR, CHENNAI 17
R-2 I-PICTURES REP.BY MRS. RADHIKA SARATHKUMAR NEW NO.10, OLD
NO.3 BEHIND
PADMA SESHADRI SCHOOL PAL APPASAMY ST, T.NAGAR, CHENNAI 17
R-3 M/S. MAGIC FRAMES REP.BY LISTIN STEPHEN NEW NO.10, OLD NO.3
BEHIND PADMA
SESHADRI SCHOOL PAL APPASAMY ST, T.NAGAR, CHENNAI 17
R-4 GEMINI LABORATORY NO.2, VEMBULI AMMAN KOIL ST,
VIRGUAMBAKKAM, CHENNAI 92
... Respondents
For Petitioner : Waraon and Sairams
- - - - -
ORIGINAL APPLICATION No.36 of 2014
and
APPLICATION No.6328 of 2013
in
C.S.No.214 of 2013
Giriguja Films Inter National ... vs R-4 Gemini Laboratory No.2,
... on 6 February, 2014
Indian Kanoon - http://indiankanoon.org/doc/59987480/ 1
8/13/2019 Giriguja Films Inter National ... vs R-4 Gemini
Laboratory No.2, ... on 6 February, 2014
3/4
6. Respondents 1 and 2 filed a common counter affidavit stating
that the film "Pulivaal" is
produced by M/s.Magic Frames, a partnership firm and the
partnership firm was not impleaded in the
Application O.A. No.36 and A.No.6328 of 2013. It is also stated
that the funds borrowed from the applicant
by the first respondent was utilised only for the production of
the film "Vidiyal" and it has nothing
to do with the production of the film "Pulivaal". It is also
stated that the applicant is entitled to
claim reimbursement of the amount only at the time of release of
"Vidiyal" and not at the time of
release of any other film and even as per the agreement dated
02.02.2011, the first respondent agreed to repay
Rs.19,00,000/- before the release of "Vidiyal" and
Rs.72,00,000/- was also agreed to be adjustedat the time of release
of the film "Vidiyal" and in respect of the same relief, O.A.No.211
of 2013
and Application No.1523 of 2013 were filed on similar
allegations and those Applications were closed by this
Court holding that the applicant is not entitled to the relief
prayed for as the cause of action for the filing of
the suit has nothing to do with the release of the film
"Chennaiyil Oru Naal" and therefore, the
present Applications are also liable to be dismissed.
7. Learned Senior Counsel, Mr.T.V.Ramanujan, submitted that as
per the outright royalty agreement dated
02.02.2011, the first respondent has to produce the film
"Vidiyal" and the outright royalty in the
area of entire NSC in respect of the said film "Vidiyal" was
given to the applicant and there is no
time frame fixed for completing the film and taking advantage of
such fact, the first respondent has not taken
any steps to complete the film. The learned Senior Counsel also
submitted that the contract has also becomeimpossible performance
as the actress, Sneha got married and was not willing to act in the
film and therefore,
when the contract becomes impossible of performance, it is a
void contract and therefore, the applicant is
entitled to claim that amount from the first respondent and
therefore, the applications are filed for the relief
prayed for. He also submitted that if the first respondent
failed to complete the film "Vidiyal", it
may not be possible for the applicant to realise the money and
admittedly, the money was received by the first
applicant and therefore, he is bound to repay the amount and
therefore, orders are to be passed as prayed for in
the Applications.
8. Learned Senior Counsel further submitted that as per another
agreement dated 02.02.2011, Rs.19,00,000/-
was paid as finance for the production of "Vidiyal" and
therefore, in any event, the first
respondent has to repay Rs.19,00,000/- with interest and to that
extent attachment may be ordered.
9. On the other hand, Mr.P.H.Arvind Pandian, learned Senior
Counsel, has submitted that the same argument
was advanced in O.A.No.211 of 2013 and Application No. 1523 of
2013 and by order dated 24.10.2013, this
Court Court closed the application for injunction holding that
the cause of action for filing the suit was not
relatable to "Chennaiyil Oru Naal". He therefore submitted that
similarly, the cause of action for
the suit was not relatable to the film "Pulivaal" and on that
ground his application for injunction is
liable to be rejected. He also submitted that outright royalty
agreement dated 02.02.2011 cannot be stated to
be void on the ground of impossibility of performance and 50% of
the film production was over and the first
respondent also filed an affidavit of undertaking to complete
the film "Vidiyal" by 31.12.2014 and
also stated reasons for getting time till 31.12.2014 and
therefore, it cannot be stated that the film
"Vidiyal" cannot be produced and that the agreement has become
void. He also submitted that in
respect of Rs.19,00,000/- payable under the finance agreement,
as per the clauses mentioned in that
agreement, the amount is liable to be repaid at the time of
release of "Vidiyal" and before that, the
applicant cannot enforce the same.
10. According to me, the present Applications are devoid of
merits. As rightly submitted by the learned Senior
Counsel Mr. P.H.Arvind Pandian, prayer sought for in these
Applications have nothing to do with the prayer
sought for in the suit. Though C.S.No.214 of 2013 was filed for
recovery of Rs.1,38,00,000/- with future
interest, a reading of the plaint makes it clear that the amount
was claimed on the basis of two agreements
dated 02.02.2011, namely, purchase agreement and outright
royalty agreement. The applicant agreed to adjust
the sum of Rs.72,00,000/- as total royalty consideration for the
film "Vidiyal" on outright basis in
the are of entire NSC. Though the film is not progressed as
expected, the first respondent offered an
Giriguja Films Inter National ... vs R-4 Gemini Laboratory No.2,
... on 6 February, 2014
Indian Kanoon - http://indiankanoon.org/doc/59987480/ 3
